Excerpt: ...tember 2019, during which time WAB allegedly committed various Labor Code violations. Marquez sent notice of these violations to the Labor and Workforce Development Agency ("LWDA") in September 2023 and sued in November 2023 to recover civil penalties under the and Private Attorney General Act ("PAGA"). The statute of limitations for PAGA claims is one year. (CCP 340(a); Brown v. Ralph Grocery Co. (2018) 28 Cal.App.5th 824, 839.) ...

Excerpt: ... states: "Notwithstanding any other provision of law, a public entity is not liable for damages awarded under Section 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant." (Gov. Code 818.) Plaintiff's opposition to the motion to str ike provides no legal authority for any exception to this rule. Because CCSF is immune from punitive damages, plaintiff cannot amend the ...

Excerpt: ...#39;s Motion To Amend First Amended Complaint With Proposed Second Amended Complaint. Plaintiff's motion to file a second am ended complaint is granted. The motion is timely given the recent discovery disclosures and there is a liberal policy in favor of amendment. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488 -489 ["That trial courts are to liberally permit such amendm ents, at any stage of the proceeding, has been established...

Excerpt: ...iscovery showed defendants' website sold 39 allegedly lead -containing mugs into California. (2/22/24 Brf. 4:27, 5:16, 6:6 -7.) Plaintiff says Thurston v. Fairchild Collectibles of Georgia, LLC (2020) 53 Cal.App.5th 1231 " appears to be the most directly on -point decision involving internet sales." (Id. at 7:14.) Like other cases, Thurston holds that "sales must be substantial" to confer jurisdiction, and in Thurston they wer...

Excerpt: ...ts, Set One And Request For Sanctions (part 1 of 2) Pro Tem Judge Ken Korea, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agre eing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will ...

Excerpt: ...OCIATES, INC.'s ("Forde") Mo tion for Leave to File First Amended Cross -Complaint is denied. First, the Petak declaration does not comply with CRC 3.1324(b). Forde does not sufficiently explain why the amendment is necessary and proper and precisely what recently occurred that warrant s amendment at this stage of the litigation (trial date - August 26, 2024). Second, Forde mischaracterizes its proposed First Amended Cross -Complaint ...

Excerpt: ...ifornia State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior...

Excerpt: ...reservation of rights and paid a $800,000 settlement. CSE then sued Kwok for reimbursement of defense costs and the $800,000 indemnity. Kwok cross -claimed for breach of contract, b reach of covenant of good faith and fair dealing and financial elder abuse. CSE's primary argument on demurrer is that the CC focuses on "the filing of this lawsuit" as CSE's misconduct, though such reimbursement suits are allowed by Blue Ridge Ins. ...

Excerpt: ...itted Truth Of Facts And Genuineness Of Documents (Tentative ruling part 1 of 3) Pro Tem Judge J. Timothy Nardell, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a sti pulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion s...

Excerpt: ...thy Nardell, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with ...

Excerpt: ...hdrew from this case on June 20, 2023, after Mr. Ulleseit died. As his former counsel noted in his declaration in support of the motion to withdraw, decedent's estate has been given ample time to retain counsel and prosecute this case but it has not chosen to do so. Given the death and lack of any party to puruse this action, the court grants judgment on the pleadings without leave to amend in favor of defendant. (Est. of Edwards (1978) 82 Ca...

Excerpt: ...th respect to Defendant's motion for summary judgment, Defendant relies on the three deposition transcripts (enclosed as Exhibits B, C, and D to the Hoover Declaration) to show there are no triable issues of material fact reg arding the asbestos contents of its Dex -O -Tex product line. The Court sustains Plaintiffs' objections to the exhibits as hearsay. As such, Defendant presents no evidence on this matter. Defendant fails to meet its ...

Excerpt: ...g final resolution of Case No. CGC -20 -587028. (OTO, LLC v. Kho (2019) 8 Cal.5th 111, 141 [court's inherent power to stay proceedings].) Defendants say plaintiff's two employment cases - 587028 and 6 08687 - are "virtually identical." (Memo. 3:25.) Not so: inter alia, the 608687 complaint has seven pages of allegations post- dating 587028's filing. (Id. at 3:8 -10:19.) However, the 608687 complaint does acknowledge that the...

Excerpt: ...ts initial burden of showing Plaintiffs do not possess, and cannot reasonably obtain, needed evidence of asbestos exposure and causation. (See Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) Defendant enclosed excerpts of Volume 5 of the Deposition of Plaintiff Joseph Fare, taken on November 27, 2023, in its moving evidence. (See Hollingsworth Decl. at 2:16 -17 [par. 6].) Defendant also enclosed Plaintiffs' Answers to Standard Int...

Excerpt: ... shall be sued only in the county of its principal office, which shall be Sacramento, unless otherwise designated by the council." Petitioner cites Business and Professions C ode 4610(i), which says a council decision may be challenged by an action "in a court of competent jurisdiction." However, "the cardinal rule of statutory construction" is that statutes "must be construed together, and harmonized," when at all pos...

Excerpt: ..., a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the mot ion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same a...

Excerpt: ...nied. First, the motion is pr ocedurally infirm. Plaintiff's moving papers do not contain a declaration in compliance with 3.1324(b). Second, the main relief that plaintiff seeks is to add a new wrongful termination claim that accrued years after he filed this action. The weight of aut hority states that it is improper to add a new claim in a supplemental complaint. (See Flood v. Simpson (1975) 45 Cal.App.3d 644, 647 [affirming denial of le...

Excerpt: ...ded evidence of asbestos exposure and causation. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 855.) 1. With respect to Plaintiffs' special discov ery responses as factually devoid, Defendant meets its initial burden. a. The Court did not consider the following responses from Plaintiffs to Defendant's separate statement of undisputed material facts ("UMFs"). (i) Plaintiffs' response to UMF No. 3 (dis puting the charac...

Excerpt: ...korian Family Trust dated August 29, 2002, San Mateo County Superior Court Case No. 22 -PR -01155 (the "Probate Case"). In this attorney malpractice case, plaintiff alleges that defendant helped amend the family trust in such a manner that plaintiff's mother's testamentary intent was undermined. (Complaint, pars. 15, 17.) Defendant's motion for judgment on the pleadings argues that defendant did not act negligently and the Thi...

Excerpt: ...ault judgment is denied. After the court str uck defendant's answer and it failed to obtain counsel and file a proper response to the complaint, there was nothing preventing plaintiff from requesting and the clerk entering a default. Plaintiff had the right to dismiss its cross -complaint and defendan t's answer did not plead a viable claim. As this court previously ruled, affirmative relief may not be sought in the answer. (Aetna Casualt...

Excerpt: ...ed. The FAC adequately pleads negligence and wrongful death against Kaiser Foundation Health Plan, Inc. (Id. at 19:28 -21:2, 26:21 -27:2.) The demurrer is based on the notion that the FAC "p leads a claim under Civil Code 3428," but it does not. (Memo. 4:9: Opp. 4:24 -25.) Moreover, defendants and others may be jointly and severally liable, and agency theories are pled. (PacifiCare of California v. Bright Medical Associates, Inc. (2011) ...

Excerpt: ...era's motion to summarily adjudicate his Private Attorneys General Act ("PAGA") cause of action is denied. Under CCP 437c(f)(1), "[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action." (See also Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242 ["A determination of liability alone does not completely dispose of the cause of action"].) Here, Viera fails to present eviden...

Excerpt: ...t of the March 11, 2024, trial date. Defendants were aware that plainti
¯ consulted with counsel regarding the o
¯er on May 5, 2022, but did not diligently pursue the issue. (Aburish Decl. par. 2, Ex. A [Aburish email 5/5/2022 at 5:11 p.m.].) Rather, defendants actively litigated the case. (See Trident Labs, Inc. v. Merrill Lynch Commercial Finance Corp. (2011) 200 Cal.App.4th 147 [unreasonable to enforce forum selection clause after 19 months ...

Excerpt: ...ciÞc facts showing how the injury occurred, but there are limits to the generality with which a plainti
¯ is permitted to state his cause of action" (Berkley v. Downs (2007) 152 Cal.App.4th 518, 527 [internal quote marks omitted].) This FAC exceeds those limits. Plainti
¯s' own statement of their case makes the Berkley point. The Giants are said to have "operated the bubble soccer game in a negligent manner." How? The Giants are said to have ...

Excerpt: ...s application for good faith settlement determination" is denied. Frost was a minor player in this construction defect dispute. He was paid $13,600 for preparing a "settlement su
¯iciency analysis." (Oliveira Dec. 3:17-18.) He settled with plainti
¯ for $50,000 in a negotiation supervised by a respected mediator. (Id. at 3:20-22.) The settlement's good faith is further supported by declarations from plainti
¯'s and Frost's counsel. As is typic...